Pub Date : 2022-01-01DOI: 10.4337/qmjip.2022.01.03
{"title":"‘Because I said so?’ Revisiting the ‘letters’ in early modern letters patent","authors":"","doi":"10.4337/qmjip.2022.01.03","DOIUrl":"https://doi.org/10.4337/qmjip.2022.01.03","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70731684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.4337/qmjip.2022.01.01
{"title":"Copyright and folklore in Ghana: a question of national treatment","authors":"","doi":"10.4337/qmjip.2022.01.01","DOIUrl":"https://doi.org/10.4337/qmjip.2022.01.01","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70731877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.4337/qmjip.2022.02.03
{"title":"Expanding Geographical Indication protection at any cost? A critique of the EU law of evocation","authors":"","doi":"10.4337/qmjip.2022.02.03","DOIUrl":"https://doi.org/10.4337/qmjip.2022.02.03","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70732156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.4337/qmjip.2022.03.02
{"title":"Jurisdiction for intellectual property in Nigeria: the Supreme Court may be final but not infallible","authors":"","doi":"10.4337/qmjip.2022.03.02","DOIUrl":"https://doi.org/10.4337/qmjip.2022.03.02","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70732264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.4337/qmjip.2022.01.04
{"title":"Protection of farmers’ rights to plant varieties under the International Treaty on Plant Genetic Resources for Food and Agriculture: focusing on India and Thailand","authors":"","doi":"10.4337/qmjip.2022.01.04","DOIUrl":"https://doi.org/10.4337/qmjip.2022.01.04","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70731811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.4337/qmjip.2022.01.06
{"title":"Supplemental experimental data in Chinese pharmaceutical patent practice: acceptable or not?","authors":"","doi":"10.4337/qmjip.2022.01.06","DOIUrl":"https://doi.org/10.4337/qmjip.2022.01.06","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70732130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-01DOI: 10.4337/qmjip.2021.03.03
Shujie Feng
Confusion, or passing off, is a typical unfair practice recognized internationally, but national laws still differ from each other. Although the Chinese Anti-Unfair Competition Law of 1993 provided a narrow rule on passing off, a rich amount of case law has considerably enlarged its scope of application. The reform of the passing off regime in 2017 was essentially based on case law. This reform consists of four main aspects: expansion of the scope of protectable commercial signs: clarification of the applicability of the passing off rule to registered and unregistered trademarks; the adjustment of fame as a qualifying condition of passing off; and the adoption of a general rule prohibiting confusion. This reform has not only consolidated the case law and approach developed by the courts, but also bestowed an open and flexible spirit in the passing off regime which will enhance its efficiency in the fight against unfair imitation. *PhD (University of Paris I – Pantheon Sorbonne), LLM (Renmin University of China), LLB (Shandong University), Director of the Innovation & Competition Law Center, Former Vice-President of the Trademark & Unfair Competition Committee of the IP Case Law Center (Beijing) of the Chinese Supreme People's Court, Vice President of the Beijing IP Judicial Protection Association, Expert Council Member of China Trademark Association, Co-Chair of American Society of International Law Intellectual Property Interest Group, Visiting Professor or Research Fellow (University of Milan, University of Toulouse I, University of Paris I, University of Paris XI, Max Plank Institute for Procedural Law and Strasbourg University CEIPI). The author is thankful to Miss Kristina DaCosta (LLM graduate of Tsinghua University), Miss Ling Zhang (PhD candidate of Tsinghua University) and Mr Yu Huang (LLM graduate of Tsinghua University) for their valuable assistance in this research. This research is part of the project 20BFX142 of the National Social Science Fund of China.
{"title":"The reform of passing off in Chinese Law: effects of the 2017 revision of the Anti-Unfair Competition Law","authors":"Shujie Feng","doi":"10.4337/qmjip.2021.03.03","DOIUrl":"https://doi.org/10.4337/qmjip.2021.03.03","url":null,"abstract":"Confusion, or passing off, is a typical unfair practice recognized internationally, but national laws still differ from each other. Although the Chinese Anti-Unfair Competition Law of 1993 provided a narrow rule on passing off, a rich amount of case law has considerably enlarged its scope of application. The reform of the passing off regime in 2017 was essentially based on case law. This reform consists of four main aspects: expansion of the scope of protectable commercial signs: clarification of the applicability of the passing off rule to registered and unregistered trademarks; the adjustment of fame as a qualifying condition of passing off; and the adoption of a general rule prohibiting confusion. This reform has not only consolidated the case law and approach developed by the courts, but also bestowed an open and flexible spirit in the passing off regime which will enhance its efficiency in the fight against unfair imitation.\u0000\u0000*PhD (University of Paris I – Pantheon Sorbonne), LLM (Renmin University of China), LLB (Shandong University), Director of the Innovation & Competition Law Center, Former Vice-President of the Trademark & Unfair Competition Committee of the IP Case Law Center (Beijing) of the Chinese Supreme People's Court, Vice President of the Beijing IP Judicial Protection Association, Expert Council Member of China Trademark Association, Co-Chair of American Society of International Law Intellectual Property Interest Group, Visiting Professor or Research Fellow (University of Milan, University of Toulouse I, University of Paris I, University of Paris XI, Max Plank Institute for Procedural Law and Strasbourg University CEIPI). The author is thankful to Miss Kristina DaCosta (LLM graduate of Tsinghua University), Miss Ling Zhang (PhD candidate of Tsinghua University) and Mr Yu Huang (LLM graduate of Tsinghua University) for their valuable assistance in this research. This research is part of the project 20BFX142 of the National Social Science Fund of China.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70732058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-01DOI: 10.4337/qmjip.2021.03.06
Pratik Dixit
This article aims to analyse the working of patent requirements under Indian patent law. A patent working requirement generally entails that the patentee must work or apply the patented product in the patent granting country. This article evaluates the compatibility of the patent working requirement with the TRIPS Agreement from the perspective of international human rights law. A human rights approach suggests that the rights of the patentee must be reconciled with the interests of the general public. In such pursuance, this article argues that there is a need to recalibrate the patent working requirement under the Indian law to strike a right balance between the rights of the patentee and the public interest. Particularly, this article argues that India must modify the present patent working disclosure requirements to ensure that foreign patentees are able to do business in India without bureaucratic hassles.
{"title":"Revisiting the working of patent requirements under Indian patent law","authors":"Pratik Dixit","doi":"10.4337/qmjip.2021.03.06","DOIUrl":"https://doi.org/10.4337/qmjip.2021.03.06","url":null,"abstract":"This article aims to analyse the working of patent requirements under Indian patent law. A patent working requirement generally entails that the patentee must work or apply the patented product in the patent granting country. This article evaluates the compatibility of the patent working requirement with the TRIPS Agreement from the perspective of international human rights law. A human rights approach suggests that the rights of the patentee must be reconciled with the interests of the general public. In such pursuance, this article argues that there is a need to recalibrate the patent working requirement under the Indian law to strike a right balance between the rights of the patentee and the public interest. Particularly, this article argues that India must modify the present patent working disclosure requirements to ensure that foreign patentees are able to do business in India without bureaucratic hassles.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44579247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-01DOI: 10.4337/qmjip.2021.03.07
M. Hadley
{"title":"Book review: Kathy Bowrey, Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author (Routledge, Abingdon 2021) 228 pp.","authors":"M. Hadley","doi":"10.4337/qmjip.2021.03.07","DOIUrl":"https://doi.org/10.4337/qmjip.2021.03.07","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47784581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-01DOI: 10.4337/qmjip.2021.03.04
Reem Anwar Ahmed Raslan
The transfer of technology has been mainly subject to the North-South dichotomy where the North is regarded as the principal source of technical knowledge to the South. Nevertheless, as new economic powers emerge in the South, the scene of international technology transfer is changing rapidly. Many South-South endeavors on transfer of technology are on the rise. Thus, a new model of transfer of technology is gaining momentum, in particular the South-South Model of transfer of technology. This paper aims to look at this issue by attempting to answer the following questions: How did South-South cooperation in the field of transfer of technology evolve? How did the rise of the South affect the North-South conflict in the context of transfer of technology? What is the impact of the South-South cooperation in the field of technology transfer on the North?
{"title":"Transfer of technology: a North-South debate?","authors":"Reem Anwar Ahmed Raslan","doi":"10.4337/qmjip.2021.03.04","DOIUrl":"https://doi.org/10.4337/qmjip.2021.03.04","url":null,"abstract":"The transfer of technology has been mainly subject to the North-South dichotomy where the North is regarded as the principal source of technical knowledge to the South. Nevertheless, as new economic powers emerge in the South, the scene of international technology transfer is changing rapidly. Many South-South endeavors on transfer of technology are on the rise. Thus, a new model of transfer of technology is gaining momentum, in particular the South-South Model of transfer of technology. This paper aims to look at this issue by attempting to answer the following questions: How did South-South cooperation in the field of transfer of technology evolve? How did the rise of the South affect the North-South conflict in the context of transfer of technology? What is the impact of the South-South cooperation in the field of technology transfer on the North?","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42192015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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